Category Archives: Search and Seizures
Admissibility of Digital Data: Use of Electronic Evidence in Federal Criminal Case
Digital data, or electronic data, is a common focus in most federal prosecutions today here in Texas. Our previous article discussed some criminal defense concerns regarding how in the discovery process investigators can search and seize this type of potential evidence in breach of the constitutional protections provided by the Fourth Amendment. Discovery, of course,…
Digital Data and the Fourth Amendment Prohibition Against Illegal Search and Seizure
Defense Discovery Concerns Regarding Digital Investigations The Fourth Amendment of the United States Constitution, ratified on December 15, 1791, establishes the protection for every U.S. citizen against unreasonable searches and seizures by the government. It states: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and…
Thirteen Significant New Texas Criminal Laws Effective in 2023
Arrests in Texas can be based upon actions or investigations by either state or federal authorities or by a combination of the two in joint operations. From a criminal defense standpoint, the choice of law upon which the arrest is made is key. This is because criminal cases move through two entirely independent justice systems…
Cryptocurrency and Money Laundering: Digital Money Felony Arrests
Operation Crypto Runner here in Texas is one example of federal focus on crypto crime. Money mules here in Texas can face very serious felony charges, even if they were unwilling or clueless participants in an illegal scheme that usually involves money laundering. Marks can still get arrested: that is where an experienced criminal defense…
Encryption and Law Enforcement Investigations: Police Access to Encrypted Data
Last month, Apple announced its new end-to-end encryption for data stored by its customers in iCloud, Apple’s cloud storage service. It’s being heralded as “police-proof” in the media. Read, “Apple Set to Launch New, Police-Proof, Full End-to-End Encryption,” written by the Associated Press and published in the Daily Sabah on December 9, 2022. Apple explains…
The Importance of a Probable Cause Affidavit in Texas Criminal Defense
For the general public, learning about probable cause affidavits in criminal matters often comes from news stories of court orders sealing the affidavit from public view in high-profile cases. Two recent examples: first, the ongoing media coverage of a probable cause affidavit alleging criminal acts that led to a federal search warrant being issued of…
Ring Cameras and Police Surveillance: Growing Police Power Privacy Concerns
Ring camera videos on YouTube can be fun: there are bears in backyard pools and cute kids in doorways. However, from a criminal defense standpoint, the growing temptation for law enforcement to access Ring doorbell recordings (audio and/or video) in their criminal investigations is troublesome. When it happens without (1) the Ring owner’s consent or…
Electronic Surveillance Under Federal Law: Criminal Defense Considerations in 2021
Discussion of federal wire-tapping and other electronic surveillance from a criminal defense perspective The temptation for federal law enforcement to use developing communication technologies in order to investigate potential criminal activity is not new. In fact, as soon as telegraphs and telephones began to be used by the general public in this country, federal agents were…
Encounters with Law Enforcement: A Criminal Defense Perspective
Seven Steps to Take When Police Show Up at Your Home or Work or Call You on the Phone More and more often, I pick up the phone to hear someone wondering what to do after local police or some other member of law enforcement (e.g., agents of the FBI, DEA, etc.) has surprised them…
Fraudulent Use or Possession Charges in Texas: Identity Theft and Fake Credit Cards
The popularity of online shopping continues to increase in no small part due to the Coronavirus Pandemic. See, “Americans Keep Clicking to Buy, Minting New Online Shopping Winners,” written by Nathaniel Popper and published by the New York Times on May 1, 2020. Along with it, opportunities abound for illegally accessing things like credit card…
